BUILDER BRINGS ACTION FOR PAYMENT

Dominion, Volume 35, Issue 270, 13 August 1942, Page 2

BUILDER BRINGS ACTION FOR PAYMENT

An action in which a builder sought, to recover £-l!)-l/.10/2 from the owner of a house which he had contracted to modernize was brought in the .Supreme Court, Wellington, yesterday, before the Chief Justice (Sir Michael Myers). Maurice Leonard Evans, builder, for whom Mr. W. lli. Leicester appeared, sought to recover the sum from Miss Mabel Hayes, who was represented by Mr. It, E. Pope. „ The statement of ciitiiu alleged thal about October, 1041 Uvans accepted a contract from Miss Hayes for the alteration and reconstruction of her property at 31. Ilay Street. There was an agreemeut allowing for Hvanh to receive 5 per cent, on the finished contract, and 7/- au hour for himself and one carpenter jointly during the contract, the moneys tx> be drawn from the State Advances Corporation. Tho work was done at a cost of £1739/8/0, The statement claimed that Miss Hayes slill owed £lO4/0/3 out of £516/8/3 on the wages and sundry expenses account, £213/9/7 out of £287/0/2 owed on the sub-letting of the contract., and £B6/17/4, being 5 per eent. on the finished contract. The statement of defence alleged that the terms of the contract were for £lOOO. allowing Evans 5 pel 1 cent, on the finished contract, and 6/- an hour for himself and one carpenter. The statement admitted that certain work had been carried out by Evans by way of alteration, but claimed that it had been carried out without due diligence and in an unworkmanlike manner. Miss Ila yes denied any further liability, and admitting having paid £1353/14/5, she con nter-claimed for £303/14/5, Hie difference between the alleged contract price pins 5 per cent., and the amount she had already paid. She further claimed that if it were not a lump sum contract it. was a contract for the supply of labour and material.not to exceed £lOOO.